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Terms & Conditions

TERMS OF USE

ByCanary Pte. Ltd. (Reg No.202006992/N) (“ByCanary”), is a company incorporated in the Republic of Singapore and its registered office is at 402 Orchard Road, #02-09 Delfi Orchard, Singapore 238876.  This website on the Internet with the URL address http://www.bycanary.co, is currently ByCanary’s online interface for us to show and sell exquisite ByCanary’s products and for you to browse and buy.

As we continue to better enhance your shopping experience, we are also looking to roll out mobile applications and other digital platforms in time. This website as well as such mobile applications and other digital platforms (each the “Platform” and collectively, the “Platforms”) are or shall be owned and edited by ByCanary.

These terms of use (“Terms of Use”) govern your use of the Platforms. In these Terms of Use, we use the terms “ByCanary”, "we", "us" and "our" to refer to the head office of ByCanary at the registered address above and its affiliates.

Please read these Terms of Use carefully before accessing or using any of the Platforms. By accessing or using the Platform, you signify your acceptance, assent and agreement to these Terms of Use.  If you do not agree to these Terms of Use, then you are not authorised to continue to use any of the Platforms.

 


Updates to these Terms of Use

We may make changes from time to time to these Terms of Use. Please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, you acknowledge, accept and agree to be bound by the terms of these updates and amendments.

 


About our Hosting Services

Hosting services for the ByCanary website is provided by Shopify. They provide us with the online e-commerce platform that allows us to sell our products to you. In order for them to provide the above mentioned services to us, Shopify will also collect and process personal information on you. To the best of our understanding, knowledge and information, your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

ByCanary’s mobile applications (when launched) may be hosted by us or by other companies and you should refer to the relevant conditions of such other companies.

 


Our Privacy Policy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy

 


ByCanary– Conditions of Sale

Customers purchasing products online must read the Conditions of Sale which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of Liability" below do not cover the sale of products online. Please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.

 


Use of Materials on the Platforms

ByCanary has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of ByCanary products displayed on the Platforms are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, ByCanary cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise that you visit one of our showrooms or authorised retailers prior to making a purchase online.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the ByCanary’s application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as ByCanary’s creations or products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("ByCanary Material") are owned by ByCanary Diamond and protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any ByCanary Material in any way for any public or commercial purposes. ByCanary Material may also not be displayed or communicated by you on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use ByCanary Material will automatically terminate and any copies made of ByCanary Material must be immediately destroyed. Any unauthorised use of ByCanary Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 


Limitation of Liability

This section applies to the Platforms and not to the products that may be sold online. ByCanary tries to ensure that the information provided is accurate and complete. However, ByCanary does not warrant or represent that ByCanary Material is accurate, error-free or reliable or that use of ByCanary Material will not infringe rights of third parties.

ByCanary does not warrant that the functional and/or technical aspects of the Platforms or the ByCanary Material will be error free or that the Platforms, ByCanary Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or ByCanary Material results in the need for servicing or replacing property, material, equipment, data or other element, ByCanary is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "as is" and "as available" and, to the fullest extent permitted by applicable law, without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-fringement.

ByCanary and its suppliers make no warranties about the ByCanary Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, ByCanary shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if ByCanary has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

 


Trademark Notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected ByCanary trademarks or are licensed for use by ByCanary by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without ByCanary’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

 


Copyright Notice

All content (including ByCanary Material) on the Platforms are either Copyright © ByCanary or are licensed for use by ByCanary. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

 


Links and Linking

The Platforms may contain links to other platforms operated by third parties not affiliated to ByCanary. The inclusion of any link to such third party sites does not imply endorsement by ByCanary of those sites. ByCanary has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is and deemed to be done at your own risk.

ByCanary does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

 


Termination and Suspension

You agree that ByCanary may terminate, block or suspend your access to and use of the Platforms if ByCanary reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of ByCanary, its affiliated companies or any third party, with or without notice to you. You agree that ByCanary may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that ByCanary will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of Liability" and "General Provisions" will survive termination of these Terms of Use.

 


General Provisions

Unless otherwise specified, the information and ByCanary Material presented on the Platforms are presented solely for the purpose of promoting ByCanary products and services. ByCanary makes no representation that ByCanary Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to ByCanary Material may not be legal by certain persons or in certain countries.

If any provision, or part thereof, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

Any waiver by ByCanary of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

 


Applicable Law and Jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Singapore, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Singapore are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

 


Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

E-mail: admin@bycanary.co